On April 19, 2017, the Supreme Court of Ohio handed down a merit decision in Wilson v. Lawrence, 2017-Ohio-1410. In a 6-1 opinion authored by Chief Justice O’Connor, the Court held that a claim against an estate must be timely presented in writing to the executor or the administrator. Justice O’Neill dissented. The case
Oral Argument Preview: Proper Joinder for Respondeat Superior Liability in Medical Claim. Anthony Rush and Tammy Rush v. University of Cincinnati Physicians, Inc., and Thomas John Kunkel, M.D., and West Chester Medical Center et al.
By Marianna Bettman on
Update: On May 22, 2017, the Supreme Court of Ohio dismissed this case as improvidently accepted. Read more about that here.
Read the analysis of the oral argument here.
On May 3, 2017, the Supreme Court of Ohio will hear oral argument in the case, Anthony Rush and Tammy Rush v. University of Cincinnati Physicians…
What’s On Their Minds: Does Ohio’s Dram Shop Act Preclude All Traditional Common-Law Negligence Claims Against a Liquor Permit-Holder? Nichole Johnson v. Mary E. Montgomery et al.
By Marianna Bettman on
Update: On September 6, 2017 the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.
“I’m a former bartender from Athens. So let me just suggest to you that if the alcohol comes off the shelf and goes into the glass, and goes into the mouth of…
Merit Decision: Sentence Not Impermissible Trial Tax; Court Adopts Actual Vindictiveness Standard. State v. Rahab.
On April 18, 2017, the Supreme Court of Ohio handed down a merit decision in State v. Rahab, 2017-Ohio-1401. In a 5-2 opinion written by Justice DeWine, the court found that the trial court judge did not impermissibly give Rahab a harsher sentence for exercising his right to a jury trial, and adopted an…
What’s On Their Minds: Validity of the Search of an Arrestee’s Purse. State of Ohio v. Jamie Banks-Harvey.
By Marianna Bettman on
Update: On January 16, 2018, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.
“Our concern isn’t the overriding purpose of the policy, our concern is the overriding purpose of the Constitution…”
Justice French
On April 6, 2017, the Supreme Court of Ohio heard oral argument in…
What’s On Their Minds: Validity of the Search of an Arrestee’s Purse. State of Ohio v. Jamie Banks-Harvey.
By Marianna Bettman on
Update: On January 16, 2018, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.
“Our concern isn’t the overriding purpose of the policy, our concern is the overriding purpose of the Constitution…”
Justice French
On April 6, 2017, the Supreme Court of Ohio heard oral argument in…
Court Dismisses McGowan v. Medpace, Inc. As Improvidently Accepted.
By Marianna Bettman on
Posted in Labor and Employment Law, Ohio Supreme Court Watch
On April 12, 2017, by a vote of 4-3, the court dismissed as improvidently accepted McGowan v. Medpace, Inc., 2017-Ohio-1340. Chief Justice O’Connor and Justices O’Donnell, Kennedy, and French formed the majority. Because Justices Fischer and DeWine sat on this case when it was decided by the First District Court of Appeals, Judges Timothy…
What’s On Their Minds: Can a Doctor’s Admission of Fault During An Apology Be Used in Court? Dennis Stewart, Individually and as the Administrator of the Estate of Michelle Stewart, Deceased v. Rodney E. Vivian, M.D., et al.
By Marianna Bettman on
Update: On September 12, 2017, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.
“Where is the apology?”
Justice O’Neill
On April 6, 2017, the Supreme Court of Ohio heard oral argument in the case of Dennis Stewart, Individually and as the Administrator of the Estate of…
What Happened on Remand: Won the Battle But Lost the War? Burnham v. Cleveland Clinic.
By Marianna Bettman on
In Burnham v. Cleveland Clinic, Slip Opinion No. 2016-Ohio-8000, in a very fragmented 6-1 decision, the Supreme Court of Ohio held that the order compelling discovery in this case was final and appealable. Read the analysis of the merit decision here.
Case Background
What was this fight all about? The incident report from a slip…
Commentary: On Reconsideration: What’s Up With State v. Aalim?
By Marianna Bettman on
Update: On May 25, 2017, the Supreme Court of Ohio granted reconsideration in this case, and reversed it. Read the analysis of the new merit decision here.
At the end of December of last year, facing the upcoming retirement of Justices Pfeifer and Lanzinger, the Supreme Court of Ohio really cranked out some major decisions.…